f- % APHC010366302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) K FRIDAY,THE EIGHTEENTH DAY OF JULY |o TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18359 OF 2025 \o Between: S. Koteswara Rao, S/o. Malakondaiah, age 57 years, R/o. D. No. 3-26, ITI College road, Mulagunta padu, Singaraya konda, Prakasam District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its PrI. Secretary, Education Department, Secretariat, Velagapudi, Amaravati District 2. Andhra Pradesh State Counsel for Higher Education (APSCHE), Rep. by its Chairman, Mangalagiri, Guntur District 3. The Rajiv Gandhi University Knowledge of Technologies (RGUKT), Ongole, Rep. by its Director, Ongole, Prakasam District. 4. The Registrar, RGUKT-AP, Nuzvid, Eluru District. 5. The Union of India, Rep. by it^Prl. Secretary, Dept, of Higher Education, New Delhi. ^ Higher Guntur ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ declaring the action of the respondents in not considering representation dated 14-07-2015 for continuation of the petitioner in 3'^^ respondent college in respect of the special category persons against transfer orders directing to join in 4*^ respondent college as illegal, arbitrary, unjust and violative of principles of natural justice and consegyently direct the respondents to continue in the 3'"^ respondent college by set asiding in respect of the petitioner’s transfer. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent to continue the petitioner in 3^^^ respondent college by suspending the transfer order against in respect of the petitioner, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI THOTA RAMAKOTESWARA RAO Counsel for the Respondent No.1: GP FOR SERVICES II Counsel for the Respondent No.2: SMT. K. RADHIKA, SC FOR APSCHE Counsel for the Respondent Nos.3 & 4:-— Counsel for the Respondent No.5: THE ADDL. SOLICITOR GENERAL OF INDIA The Court made the following order: I 1 APHC010366302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18359/2025 Between: S Koteswara Rao ...PETITIONER AND The State Of AP and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.THOTA RAMAKOTESWARA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following: f THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18359/2025 The present Writ Petition is filed questioning the action of the Respondents in not considering the representation of the Petitioner dated 14.07.2015 for continuation in the college of Respondent No.3 as a special category person. 2. The Petitioner was appointed as Guest Faculty in English Department of Respondent No.3 college in the year 2018 with a consolidated remuneration of Rs.25,000/- per month. The Petitioner has been regularly discharging his duties and the contract was being continued. While so, the Petitioner was transferred from Respondent No.3 to Respondent No.4 College at Nuzvid, Eluru District. 3. Thereafter, the Petitioner submitted a representation seeking for cancellation of the transfer on 08.07.2025 on the ground that the Petitioner is aged 57 years and his wife is suffering with schizopherenia and requires constant care. Apart from that the Petitioner has two daughters studying B.Tech 4 year and 2'^^ year respectively at Ongole and he has to take care of them. th 1 4. The third reason submitted by the Petitioner for retention is that he is suffering from hearing disability, which was quantified at 51%, and on these grounds, the Petitioner sought for retention. As the representation of the Petitioner was not being considered, the present Writ Petition is filed. 5. Learned counsel for the Respondent would contend that for administrative reasons, the Petitioner was posted to Respondent No.4 college and there is no deviation in the salary payable to the Petitioner. 6. Heard the respective counsel. 7. The amount paid to the Petitioner is a consolidated pay of Rs.25,000/- and the same would not be sufficient to maintain two houses i.e., one at Ongole, where the daughters are staying and pursuing academics, and two at Nuzvid which is the proposed place of posting. Further, the Petitioner being 57 years old and closer to retirement, the Petitioner should have been considered for retention at Ongole, more so, in the light of hearing disability and family scenario. I Therefore, the Writ Petition is disposed of with the following 8. direction: (i) The Representation of the Petitioner dated 14.07.2025 shall be considered for retention in the Respondent No.3 College within a period of four weeks from today. (ii) Till such time, the Respondent No.3 shall permit the Petitioner to continue to discharge duties at Respondent No.3 College. (iii) No order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OEEICFR _ To Higher Education Department, State of Andhra 1. The PrI. Secretary, Secretariat, Velagapudi, Amaravati, Guntur District Pradesh State Counsel for Higher Education Pradesh, 2. The Chairman,Andhra (APSCHE), Mangalagiri, Guntur District. 3. The Director, Rajiv Gandhi University Knowledge of Technologies, (RGUKT), Ongole, Prakasam District. 4. The Registrar, RGUKT-AP, Nuzvid, Eluru District Dept, of Higher Education, Union of India, New 5. The PrI. Secretary, Delhi. 6. One CC to Sri Thota Ramakoteswara Rao, Advocate [OPUC] 7. One CC to Smt. K. Radhika, SC for APSCHE[OPUC] 8. One CC to the Addl. St5Tlcjfor General of India, High Court of A.P. at Amaravati[OPUC] 9. Two CCs to GP for Services- II, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. ssb HIGH COURT DATED:18/07/2025 M ^ ? AUG 2nK ^■ Seciiofl ^ ORDER WP No. 18359 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS